C1 Part XX Provision of Financial Services by Members of the Professions
331 Procedure on making or varying orders under section 329.
1
If the F1FCA proposes to make an order under section 329, it must give the person concerned a warning notice.
2
The warning notice must set out the terms of the proposed order.
3
If the F1FCA decides to make an order under section 329, it must give the person concerned a decision notice.
4
The decision notice must—
a
name the person to whom the order applies;
b
set out the terms of the order; and
c
be given to the person named in the order.
5
Subsections (6) to (8) apply to an application for the variation or revocation of an order under section 329.
6
If the F1FCA decides to grant the application, it must give the applicant written notice of its decision.
7
If the F1FCA proposes to refuse the application, it must give the applicant a warning notice.
8
If the F1FCA decides to refuse the application, it must give the applicant a decision notice.
9
A person—
a
against whom the F1FCA have decided to make an order under section 329, or
b
whose application for the variation or revocation of such an order the F1FCA had decided to refuse,
may refer the matter to the Tribunal.
10
The F1FCA may not make an order under section 329 unless—
a
the period within which the decision to make to the order may be referred to the Tribunal has expired and no such reference has been made; or
b
if such a reference has been made, the reference has been determined.
Pt. 20 modified (E.W.S.) by S.I. 2000/119, Sch. 4 para. 11 (as substituted (1.7.2009 in accordance with art. 1(1)(c) of S.I. 2009/1587) by S.I. 2009/1587, art. 3(11))